The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2010

Amendments to the Employment and Support Allowance Regulations 2008

11.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) In regulation 106 (notional income – deprivation and income on application), after paragraph (2)(ga)(2) insert—

“(gb) any sum to which regulation 137(4A) (treatment of student loans) applies;”.

(3) In regulation 137 (treatment of student loans)—

(a) in paragraph (4)(b), before “the student” insert “subject to paragraph (4A)”;

(b) after paragraph (4) insert—

“(4A) A student is not to be treated as possessing any part of a student loan which has not been paid to that student in respect of an academic year where the educational institution at which the student was attending a course has confirmed in writing that the student has suspended attendance at the course due to a health condition or disability that renders the student incapable of continuing that course.”.

(4) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

(a) for paragraph 28 substitute—

“28.   Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

(a) by a local authority under—

(i) section 23(2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after), or

(ii) section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

(iii) regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or

(b) by a voluntary organisation under section 59(1)(a) of the 1989 Act (provision of accommodation by voluntary organisations).”;

(b) in paragraph 30(1)(c) before “29” insert “22,”;

(c) in paragraph 30(2) before “29” insert “22 or”.

(1)

S.I. 2008/794.

(2)

Inserted by S.I. 2009/2655.